Petitioner: ROSETTE VILLANUEVA AND OSCAR VILLANUEVA, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF SEAN VILLANUEVA, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Jacksonville, Florida
Filed: Feb. 13, 2009
Status: Closed
DOAH Final Order on Friday, September 4, 2009.
Latest Update: Sep. 20, 2010
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order approving Association's acceptance of the claim for compensation.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ROSETTE VILLANUEVA AND OSCAR | ) |
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VILLANUEVA, ON BEHALF OF AND AS | ) |
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PARENTS AND NATURAL GUARDIANS | ) |
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OF SEAN VILLANUEVA, A MINOR, | ) |
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Petitioners, | ) |
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vs. | ) | Case | No. | 09-0856N |
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FLORIDA BIRTH-RELATED | ) |
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NEUROLOGICAL INJURY | ) |
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COMPENSATION ASSOCIATION, | ) |
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Respondent, | ) ) |
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and | ) ) |
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ORANGE PARK MEDICAL CENTER, | ) |
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INC., | ) |
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Intervenor. | ) |
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FINAL ORDER APPROVING STIPULATION AND JOINT PETITION
FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES
This cause came on to be heard pursuant to Sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of Petitioners and Respondent, filed September 3, 2009, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.
By the terms of their stipulation, Petitioners and Respondent have agreed that Rosette Villanueva and Oscar Villanueva, are the parents and legal guardians of Sean Villanueva (Sean), a minor; that Sean was born a live infant on July 20, 2004, at Orange Park Medical Center, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Orange Park, Florida; and that Sean's birth weight exceeded 2,500 grams. Petitioners and Respondent have further agreed that David Hyler, II, M.D., delivered obstetrical services at Sean's birth, and at all times material hereto, was a "participating physician" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, Petitioners and Respondent have agreed that Sean suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED that:
The Stipulation and Joint Petition, filed September 3, 2009, is hereby approved, and the parties are directed to comply with the provisions thereof.
Petitioners, Rosette Villanueva and Oscar Villanueva, as the parents and legal guardians of Sean Villanueva, a minor,
are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be used for purposes consistent with the terms of the parties' stipulation.
Upon payment of the award of One hundred thousand dollars ($100,000.00) and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under Section 766.31(2), Florida Statutes, to pay future expenses as incurred.
The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes should they arise, regarding the parties' compliance with the terms of this Final Order.
DONE AND ORDERED this 4th day of September, 2009, in Tallahassee, Leon County, Florida.
WILLIAM J. KENDRICK
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 2009.
COPIES FURNISHED:
(Via Certified Mail)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association 2360 Christopher Place, Suite 1
Tallahassee, Florida 32308
(Certified Mail No. 91 7108 2133 3935 7992 4895)
Oscar Villanueva Rosette Villanueva 4898 Deeder Court
Jacksonville, Florida 32258
(Certified Mail No. 91 7108 2133 3935 7992 4901)
Travase Erickson, Esquire
Saalfield, Shad, Jay, Stokes & Inclan, P.A.
50 North Laura Street, Suite 2950 Post Office Box 41589 Jacksonville, Florida 32203-1589
(Certified Mail No. 91 7108 2133 3935
Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health | 7992 | 4918) |
4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275 (Certified Mail No. 91 7108 2133 3935 |
7992 |
4925) |
David F. Hyler, II, M.D. 1560 Kingsley Avenue, Suite 4 Orange Park, Florida 32073 (Certified Mail No. 91 7108 2133 3935 |
7992 |
4932) |
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Docket for Case No: 09-000856N
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Proceedings |
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Sep. 20, 2010 |
Intervenors Shands Jacksonville Medical Center, Inc.'s and Aneesah Majieda Santiago, R.N.'s Memorandum of Law in Opposition to the Petitioners' Motion for Summary Final Order and Memorandum of Law filed.
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Sep. 15, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Oscar Villanueva).
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Sep. 09, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (David Hyler, II, M.D.).
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Sep. 09, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Charlene Willoughby).
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Sep. 09, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Travase Erickson).
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Sep. 09, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
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Sep. 04, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Sep. 04, 2009 |
Final Order Approving Stipulation and Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. JURSIDICTION RETAINED.
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Sep. 03, 2009 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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Sep. 03, 2009 |
Notice of Filing filed.
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Sep. 03, 2009 |
Order (Orange Park Medical Center, Inc. is granted Intervenor status).
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Sep. 01, 2009 |
Order (Motion for Extension of Time in Which to Respond to Petition is denied, as moot).
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Aug. 24, 2009 |
Orange Park Medical Center, Inc.'s Petition for Leave to Intervene filed.
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Aug. 21, 2009 |
Letter to R. Villanueva and O. Villanueva from K. Shipley offering medical benefits and enclosing stipulation Medical Records filed (not available for viewing). |
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Aug. 21, 2009 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
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Aug. 21, 2009 |
Letter to Rosette Villanueva and Oscar Villanueva from Kenney Shipley offering medical benefits and enclosing stipulation filed.
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Aug. 18, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Jul. 01, 2009 |
Order Granting Extension of Time (response to the petition to be filed by August 18, 2009).
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Jun. 30, 2009 |
Motion for Extension of Time in which to Respond to Petition filed.
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May 01, 2009 |
Order Granting Extension of Time (response to the petition to be filed by July 1, 2009).
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Apr. 27, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Mar. 31, 2009 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Mar. 19, 2009 |
Motion to Act as a Qualified Representative Before the the Divsion af Administrative Hearings filed.
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Feb. 23, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 18, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 17, 2009 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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Feb. 17, 2009 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Feb. 17, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Feb. 13, 2009 |
NICA filing fee (Check No. 1740; $15.00) filed (not available for viewing). |
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Feb. 13, 2009 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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Orders for Case No: 09-000856N
| Issue Date |
Document |
Summary |
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Sep. 04, 2009 |
DOAH Final Order
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Final Order approving Association's acceptance of the claim for compensation.
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